The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-26
NEW TRIAL FOR SHARP.
Stay of Proceedings Granted.
Judge Potter's Review Of Seine Of
the Evidence In the trial.
Jacob Receives the News without
the Least show OF Emotion,
While He Wife Evidences Feelings
OF Grea,eI Delight.
Encct on the General Publss a
Notion 10 ADMIT the s~f-nd
ant 10 Wall Viii tie Hit
teriy opposed.

WHITE HALL, N Y, August 25.-
Judge Potter has granted stay In tho
Sharp case,
Nav YoRK, AUGUST pa baneom
drove 10 the entrance Of Ludlow
81 ert Jdi| and clerk from the office
OF Cochrsn h Ola K entered the Jail,
bearing the ne rs Of the granting Of q
stay OF proceedings He handed the
note personally to Mr.. Sharp, who
read II withou, showing any signs OF
EN- otirn or making my comments
upon Il. Mr. Sha'p then handed il
to his wife, Who read II, end seemed
10 be- dc lighted a. The news.
JUDGE Potter granted the stay of
proceedings In the Jacob Sharp case
on the gioupds that there Ia q reason.
able doubt that the Judgment reached
10 the the Cour, OF Oyer and Terminsr
sho1 d stand, and he order n stay In
the eI cution Of such judgment until
an appeal shsll bs decided by the
general term. The news OF the de-
cision by Judge Potter reached the
city about moor, and created no little
exc tement. A number Of people
II ,cked TO TIE court house at ones to
ascertain the truth Of the reports.
Among them was Congressman Bourks
Cochran, Who was met by n reporter
In the building All the eminent
pleader for sharp would say wac: 81
am very well satie6sd with the de
cision." He than passed on, calmly
Triumphant. Nearly all the leading
| ligots In the trial ara ont OF town.
Judge Barrett II at tho Grove Hotel,
Block island.
Judge Potter, In his decision, saws:
Having become impressed with the
clear conviction that the trial court
fell into error In the admission Of
some Of the evidence offered by the
prosecution, and fjr those errors the
Appellate Clu't mns' grant the 10
fendArt new trial, have, therefore,
no. ex mined the evidence a1y fur.
ther than wherein II had some relation
TO the Obi 'ctionh and exceptions 90 the
evidence received upon tho trial and
the charge nj the trial Judge. / have
bten called upon TO examine the
charge, and am quite ires TO say that
thu charge Ia remarkably clear, fair
and faultlese, except in pre-, enting Tor
the consideration OF the jnry those
portions OF the eviaence which think
were enormously received upon the
trial. In my opinion improper evil
Ience was ucsivsd upon the trial In
these respects: First, testimony given
by the defendant bef re the Railroad
COMMITTEES Of the Senate, authorised
and directed 10 Investigate the means
ard methods used 10 obtain the con-
sent OF the local authorities 20 con.
etruct q Broadway surface railroad.
Second. the fact OF the absence Of per-
sons charged In the indictment with
the defendant with tbs crime Of brib-
cry, and Bojourn In Canada as the ex.
cuse Of their non.production ne wit
neeses against the defendant by
the prosecution, and, thirr, the
opinion or superstition oil the
witness, Miller, ~ 10 the motive
or purpoee Of DeLscey when he hand
ed Miller thu 5000. The testimony Of
the defendant was taken before the
Senate Committee under resolution
passed by the Senate" The Judge
then quotes tho resolutions. aud con-
tinuee: "The testimony given by the
defendant In answer 20 questions put
"a him by the Senate Committee aud
| its counsel we're received In evld ence
over objection and exception upon the
trial OF the lndictmeut OF the defend
ant for bribery OF ono OF the Board OF
Aldermen IN construct tie Broadway
railway am very decidedly Of the
opinion the court erred In admission
mon Law and before the adoption Of
the Constitution OF the Unlted States,
or that Of any of the states, was that
witness should not be obliged TO give
eyldeT O. which could be used sgainst
himself In any criminal trial. Thst
principle Ia embodied In the Constitu-.
ton Of ibs Omit d States, and In that
OF this State, In thee words: No
psrcon shall be compelled In any Grim.
inal case 10 be- q wi uess against him.
sell The same principle, apprehend,
Ia substantially contained In express
terms In the bill Of rights or conriitu.
tinn III every State In the Union."
Mr.. Bpdiks Cochran this afternoon
stated that the case could not come
mp nov until the general torn met
next o ltobsr. An application will at
ouce he made 10 have Sharp released
on bail by como iudge OF the Superior
Court.
Al the District Attorneys cfiice
msny anxious ing1lrors called. No
Cili3'al notice had b on received there.
District Attorney MARITIME wAs notified
by telegraph nj Seahrisht aud 10 en-
peoted haft TODAY. Mess iges vsro sent
10 NJ DE Lsosy Nicoll at BAR Harhor,
and 10 Cnl. Fellows al York HarloT.
Much r. icing was heard In the crowd
around tue bui dog, and the general
opinion was that Judge Potter had
| Justly decided ~ grant the ttay OF pro-
~ dnge II 10 believed the question
q bail viii b. argued before Judge
/ PUt,er Some days fgo Mr. Nlc1ll
said, speaking Tor Nj MaftIns, that
tho latter wonld ftTenuously oppose
a csse OF such maguiiude, where 20
much time and expense hai been
spent Ia setudrg d conviction. lie
/ thought that In such q contingency,
the m ton, N aIgued before yudee
Potter, would b. made :, white Hall.
/ Adv Judge In the stat can b. called
upon 10 tx bail by the def nse. The
prosecution arc obliged ~ appear and
argue the case.
! Hsriiae On the Quc.tiop OF hail.
LlNo BRAScg, N J., Angus o.
| District Attorney Marine, of New
York, who 10 siopping here, eald
tonight that he had Anticipated thai
stay would he granted IN ihe sharp
csss. Several days aso no applied to
Gov. Hill, asking him, la case a
stay Vaa granted, 10 convene an exlrs-
Ordinary session Of 10 general term,
| which would allow arguments In the
cas- 10 b. heard nj once. II Sharp'n
lawyers asa that no be admitted 10
bail, Mr.. MARITIME siys he will demand